Download Tender document for total Station - Punjab Land Records Society...

GOVERNMENT OF PUNJAB
(DEPARTMENT OF REVENUE)
Office of the Special Secretary Revenue
IIIrd floor, Punjab Civil Secretaraite
CHANDIGARH
INSTRUCTIONS AND GUIDELINES
FOR SUBMISSION OF TENDER DOCUMENT
FOR
Purchase of 08 Nos of
Electronic Total Stations
TENDER NO –
PRICE: RS.5000/- (price non-refundable)
TO BE SUBMITTED BY 22-06-2010. by
1
1030 HRS.
CONTENTS
1. Introduction
2. Particulars of the Tender
3. Eligibility for participation in tender
4. Guidelines for preparation of Tenders
5. Annexure ‘A’
Document to be furnished with the Tender
6. Annexure ‘B’ The clauses mentioned in the tender document
may be confirmed in the technical bid
7. Annexure ‘C’
Commercial Bid Performa
8. Annexure ‘ D’ Technical Specification
9. Annexure ‘E’ General Terms and Conditions of supply
10. Appendix (i)
11. Appedix (ii)
Warranty Certificate
Contract Agreement
12. Appendix (iii) Bank Guarantee
13. Appendix (iv) Acceptance of Terms and Condition
2
TENDER DOCUMENT FOR PROCUREMENT OF 08 NOs. TOTAL STATIONS
1.
INTRODUCTION:
For and on behalf of Governor of Punjab, The Special Secretary Revenue,
Room No 7 IIIrd floor, Civil Secretariat, Punjab, Chandigarh invites sealed tenders for
procurement of 8 nos. Total Stations. The offer should be made as per the specified
tender for Proformae only, contained in the tender document and should be
addressed to The Special Secretary Revenue, Room No 7 IIIrd floor, Civil Secretariat,
Punjab, Chandigarh
The tender must be submitted in two separate sealed covers for technical and
commercial bids respectively and be super-scribed as “Technical Bid to supply of 08
nos. Total Stations” or “Commercial Bid to supply of 08 nos. Electronic Total
Stations” as the case may be. Both the sealed covers shall be kept in another sealed
cover which should also be super-scribed as “Tender for supply of 08 Nos. Electric
Total Stations”.
The Commercial bids of the technically short-listed qualified tenderer(s) will only
be opened. The short-listing of the tenderer(s) will be carried out on the basis of
the technical evaluation and the unopened/ un-short listed commercial bids will be
returned to the Tenderers.
2.
i)
ii)
PARTICULARS OF THE TENDER:
Designation and address of the : The Special Secretary Revenue, Room No
Officer to whom the tender is to
7 IIIrd floor, Civil Secretariat, Punjab,
be submitted.
Chandigarh
The Tender Documents can be downloaded from www.punjabrevenue.nic.in
Last Date & time of Sale of the : 22-06 - 2010 (1000 Hrs.)
tender document
iii)
Last date & time of receiving
the tenders
: 22-06 - 2010 (1030 Hrs.)
iv)
Date & Time of Opening the
Technical bids
: 22-06 - 2010 (1400 Hrs.)
v)
Date & Time of Opening the
Commercial bids
Detailed Specification of Stores:
Description
To be intimated to the short-listed firms
later on
Quantity
(Approx.)
Remarks
Electronic Total Stations
08 Nos.
For detailed technical
specifications, please see
Annexure ‘D’
v)
Sl.
No.
1.
3
3.
GUIDELINES FOR PREPARATION OF TENDER
i)
The tender (in English Language only) for the supply of 08 nos. total stations be
submitted along with detailed specifications. A technical leaflet /brochure /
literature is also required to be enclosed along with list of names of Offices/
Users to whom the same have been supplied in India.
ii)
The tenderer may please note that the tender once submitted will not be
altered in any case and should not have any scope of ambiguity, cutting or
overwriting. In case of overwriting / cutting if any, it must be authenticated
with signature of the tenderer.
iii) The tenderers of the following Groups may submit their offer as the case may
be:GROUP ‘A’
Items manufactured in India and offered by the Indian Manufacturer or their
wholesale dealer/ distributor along with letter of authority from the Indian
Manufacturer ( for Terms & Conditions of supply, please see Annexure ‘E’
GROUP ‘B’
Items manufactured in foreign country (showing country of origin) and offered
by the Indian Agent with proper letter of authority from their foreign Principal:iv)
TENDERING SYSTEM
The tenders/Bids are to be submitted in two Parts i.e. Part – 1 & Part II.
Part – I titled as TECHNICAL BID shall contain the complete technical
qualifications with terms and conditions of supply etc. (except Price Schedule).
Part – II titled as COMMERCIAL BID shall contain the Price Schedule duly filled
in the prescribed Performa as Annexure ‘C’.
The TECHNICAL BID and COMMERCIAL BID shall be placed in separate sealed
envelopes and will be super scribed as TECHNICAL BID and COMMERCIAL BID
as the case may be. These envelopes shall also indicate the Tender No., Name
and Address of the Bidder / Tenderer. Both these sealed Envelopes shall be
kept in another sealed cover and shall be super scribed as “TENDER FOR
PROCUREMENT OF 08 NOs ELECTRONIC TOTAL STATIONS”. The outer cover
shall indicate the TENDER NO., last date & time of receiving the tenders, along
with the address of purchaser i.e. The Special Secretary Revenue, Room No 7
IIIrd floor, Civil Secretariat, Punjab, Chandigarh
v) VALIDITY OF TENDER
4
The tender must remain valid for 180 days (six months) from the date of
opening of tenders.
vi) OPENING OF TENDERS
The Technical Bid will be opened on 22-06-2010 (1400 hrs.) at Punjab State Planning
Board, SCO Number 70-72,Sector-17-D Chandigarh. The representatives of the
tenderers / bidders may attend the opening of tenders along with letter of authority
from the respective tenderer/bidder. The date of opening of commercial bid shall
be intimated separately by Fax/Letter/ Punjab Revenue website.
vii) DEMONSTRATION OF INSTRUMENT
Before the technical evaluation of the instrument, the tenderer will arrange
for at Punjab State Planning Board, SCO Number 70-72, Sector-17-D Chandigarh. at
their (tenderer’s) own cost, either directly or through authorized Indian Agent /
Dealer / Distributors as the case may be on 22 June 2010, to verify whether the
Instrument meets the accuracy criteria as indicated in the technical specifications
given in Annexure ‘D’. This can take minimum two days.
viii) INSPECTION
Preliminary inspection of the stores will be carried out by the supplier at the
factory before dispatch. The final joint inspection will be carried out at the
consignee's site after receipt of the consignment. In case of defective supply
due to latent manufacturing defects, the same has to be removed and
replaced at the supplier's cost. All the expenses borne by the Indenters, due to
this reason are to be met by the supplier.
ix)
WARRANTY
The supplier will replace the defective material, free of cost, if noticed within
the Warranty period. The Warranty Certificate, as per specimen enclosed at
Appendix ‘(i)’, is also to be submitted duly signed along with the tender.
x)
GUARANTEE
The instrument should have functional guarantee at least for 1 year from the
date of completion of training to Punjab Land Record Society staff.
xi)
SERVICE MANUAL
Service manual with circuit diagram will have to be provided with the
instrument.
xii)
REPAIR & MAINTENANCE
The tenderer should furnish the detailed data for repair and maintenance
facilities as would be extended by them, in case of any necessity. Rate for AMC
5
for 10 years after warranty may also be quoted in Commercial bid. The
Tenderer may note that while working out L1 the cost towards AMC also shall
be taken into consideration.
xiii) TRAINING
The rates quoted should be inclusive of installation & training charges. The
Training will have to be imparted to Punjab Land Record staff at two selected
locations in Punjab by the supplier free of cost for 5 days at each selected site.
xiv) For general terms and conditions of supply, please see Annexure ‘E’.
xv) The
tender
document
can
be
downloaded
from
website
www.punjabrevenue.nic.in. In case the tender document is downloaded from
our website then the tenderers downloading the tender document shall attach
a separate Demand Draft of Rs.5000/- of any Nationalized Bank in favour of the
"Financial Commissioner Revenue and Vice Chairperson, Punjab Land Record
Society payable at Chandigarh" along with the Technical Bid towards the cost of
tender document in addition to separate Demand Draft towards earnest
money deposited, failing which the offer will be rejected.
xvi) Please note that late tenders / delayed tenders or postal delayed tenders will
not be considered at all.
xvii) The inner and outer envelope of the tender should be addressed as below and
NOT to any individual by name:TENDER FOR TOTAL STATION
(Last date & time of receiving the tender:
22-06- 2010 upto 1030 Hrs.)
To
The Special Secretary Revenue, Room No 7 IIIrd
floor, Civil Secretariat, Punjab, Chandigarh
xviii) The Special Secretary Revenue, Room No 7 IIIrd floor, Civil Secretariat,
Punjab, Chandigarh reserves the right to reject/cancel all or any tender without
assigning any reason thereof.
6
ANNEXURE 'A'
THE FOLLOWING DOCUMENTS/INFORMATION MAY ALSO BE FURNISHED IN
SUPPORT OF THE TENDER:-
1.
EARNEST MONEY
Earnest Money of fixed amount Rs.70,000(Seventy thousands only) in Indian
currency or equivalent amount in foreign currency for Total Stations in the
shape of Bank Draft / Fixed Deposit Receipt valid for six months of any
Nationalised Bank made in favour of the " Financial Commissioner Revenue and
Vice Chairperson, Punjab Land Record Society payable at Chandigarh " should
be submitted along with the TECHNICAL BIDS. Shortfall in amount of Earnest
Money or tenders received without Earnest Money will result in rejection of
the offer.
2.
SECURITY DEPOSIT
Successful tenderer will have to furnish Security Deposit @ 10% value of the
order/contract in the shape of fixed Deposit receipt / Bank Draft / Bank
Guarantee of any Nationalised Bank as per Appendix - V in favour of " Financial
Commissioner Revenue and Vice Chairperson, Punjab Land Record Society
payable at Chandigarh " valid for 15 months, from the date of letter of intent
with a provision of its further extension / revalidation up to the period of one
year from the date of completion of site acceptance test or up to the warranty (
including extended warranty ) period, whichever is later. An Agreement is also
to be signed by the Indian Agent on behalf of foreign supplier at their cost on
non-judicial stamp paper of Rs.100/- as per specimen at Appendix – (ii).
3.
DELIVERY PERIOD
The stores will be supplied / installed within 6 weeks from the date of firm
supply order. A penalty of 0.5% per week maximum up to 5% shall be levied if
instruments are not supplied with in stipulated period of 6 weeks. If delay is
more than 10 weeks, the special secretary may at his discretion cancel the
order and EMD shall be forfeited.
4.
PACKING
The main Equipment / Instrument, in question, is required to be securely
packed as per B.I.S. (ISI) standard trade practices to avoid damages to the
7
consignment in transit. The packing charges should be included in the breakup details of cost.
5.
INSURANCE
The consignment is required to be dispatched to the consignee, duly insured
for transit insurance for all risks from the consigner’s Warehouse to the
consignee's Warehouse upto final destination till the erection/installation of
the main Equipment / Instrument. The insurance charges should be included in
the break up details of cost.
6.
TRANSPORTATION CHARGES
The transportation charges should be pre-paid for delivery of consignment to
the consignee on Door Delivery Basis and should be included in the break-up
details of cost.
7.
PAYMENT
90% payment will be made within thirty days from the date of installation &
commissioning / acceptance of the main Equipment / Instrument. No request
for advance payment, payment against delivery or payment through Bank
against dispatched documents will be considered. Balance 10% shall be paid
after the completion of training and receipt of Bank Guarantee as indicated
above in para 2.
8
ANNEXURE ‘B’
THE CLAUSES MENTIONED IN THE TENDER DOCUMENT MAY BE CONFIRMED
IN THE TECHNICAL BID:a. VALIDITY OF OFFER
b. FREE DEMONSTRATION OF INSTRUMENT
c. INSPECTION
d. WARRANTY
e. GUARANTEE
f.
REPAIR & MAINTENANCE (AFTER SALES SERVICE FACILITIES)
g. TRAINING
Xerox copies of the following documents are also required to be furnished
along with the TECHNICAL BID:i) Registration Certificate of the firm under Commercial & Establishment act
ii)
Registration Certificate if registered with DGS&D as an approved Govt.
supplier, or registered as a Small Scale Unit with Small Scale Industries.
iii)
Registration No. of the firm, CST No., Sales/ Service Tax/ VAT
documents in their respective bid document
iv)
In case of wholesale dealers/distributors / agents, Authority letter (in
original) from their Principals / Manufacturers.
v) One copy of Warranty certificate duly stamped and signed (specimen
enclosed.)
9
ANNEXURE ‘C’
COMMERCIAL BID
For
08 No’s of Total Stations
Ref: Tender No
l. No. Break-up details of cost of stores Nos
(a)*
(b)*
(c)*
(d)*
(e)*
(f)*
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
Electronic Total Station
Telescopic
wooden
stands@3/machine
Tribrach@ 3,machine
Prism single with holder and
target plate @3/machine
Prism pole @ 2/machine
Additional
one
internal
battery/machine
Battery Charger one/machine
Data Cable One/Machine
Converter with cable for
external
battery
@
One/Machine
Software 2 licenses
Total (a) to (j)
Inland Packing / Forwarding &
Transportation charges up to
consignor's Air Port, if any.
Cost/item
In
Indian
currency
8
24
24
24
16
8
8
8
8
Insurance charges (approx.)
Total Cost at indenter’s site
Note: While calculating L1 any additional
accessory offered by the tenderer shall be
taken into consideration.
Items indicated by * has to be OEM
Note: All accessories have to be OEM. If at the time of supply it is found that
accessories are not of OEM, the special Secretary Revenue will have full
discretion to cancel the supply order and EMD be forfeited.
10
With ref to above Tender the AMC Charges with spares are follows.
Sr.
No.
1
2
3
4
5
6
7
8
9
Rs
Description ( For 08 No’s of Total Stations)
1st Year after completion of warranty/guarantee period
2ndYear
3rd Year
4thYear
5th Year
6th Year
7th Year
8th Year
9th Year after completion of Guarantee/warranty period
Total AMC (NPV) at r = 8%
Service Tax
Total AMC charges with service Tax
Note: while working out L1 the cost indicated towards AMC also shall be taken into
consideration. The Tenderer is requested to give an undertaking that he/she
will abide by the commitment.
2.
Please also intimate:i)
ii)
3.
Approx. Net weight of main Instrument (with standard Accessories etc.)
Approx. Gross weight of main Instrument (with standard Accessories etc.)
The rates quoted should be inclusive of installation & training charges. The
training will have to be imparted to Punjab Land Record staff by the supplier
free of cost for 5 days at two locations.
11
ANNEXURE ‘D’
TECHNICAL SPECIFICATIONS FOR THE PROCUREMENT OF ELECTRONIC TOTAL
STATION
1. Telescope:
3.
4.
(a)
(b)
(c)
(d)
(e)
Magnification
Image
Field of view
Resolving power
Minimum focusing distance
=
=
=
=
=
30 x or better
Erect
1º 20” or better
≤ 3
2 m or less.
2.
Angle Measurement:
(a)
Least Count
=
1 or better
(b)
Standard deviation for
Horizontal & Vertical angle (Angular Accuracy) =
Compensator:
(a)
Type
=
Dual Axis
(b)
Compensating Range
=
+/- 3 or better
Distance Measurement:
(a)
With Reflector
(i) Single Round Prism
(ii) Accuracy
5.
= ≥3 km or more
= ≤ ( 3 mm  2 ppm ) or better
(iii) Shortest measurable distance = ≤ 2m
(b) Without Reflector
(i) Range
= 300m or more
Laser plummet:
(a) Centering device
6.
≤ 3 or better
=
Laser Plummet
=
=
better than 30/2 mm
better than 10/2mm
Level Sensitivity:
(a) Plate Level
(b) Circular Level
12
7.
Battery
(a) Type
= Lithium-ion with provision for external
battery
= 6 hrs or more
(b) Operating time
8.
Key Board and Display/Instrument Control unit :
(a) Display
9.
= Windows Mobile Colour controller with
touch screen, Bright, readable in
sunlight.
= Alphanumeric Keys
= On both faces
(b) Keyboard
(c) Position
Communication Port
= USB port, RS232 Port facility
= Should have Graphic LCD display with touch
screen and capability to show surveyed map
9.
Data Storage:
(a) Internal Memory
(b) Memory cards
10. Interface:
=
5,000 entries or more
= should support Flash/SD/CF cards
=
Compatible with GPS
11. Data Processing S/W
=
(i) should be capable for
Loading on Desktop computers
(ii) Should support industry standard
GIS S/W
(iii) Should support import/ export to
Other formats such as DWG, SHP etc
(iv) Should support traverse and its
Adjustments.
(v) Should support COGO function
(vi) Data produced should be able to merge
With data by total stations of other make.
(vii) Should be able to prepare DTM and
Generate contour
(viii)Should support feature coding
(ix) Should support stake out
(x) Should support determination of local
Co-ordinate system parameters
13
and should have provision to input
Predefined Co-ordinate system
Parameters
(xi) Should support layers
12. Environmental Specifications:
(a) Working temperature Range
= - 10o C to + 50o C
13. Accessories (with each instrument)
* (i) Universal telescopic tripod wooden stand
* (ii) Tri-brachs with optical plummet
* (iii) Poles for prism
* (iv) Single prism with holder and
target plate
(v) Compact Flash Card 2GB
(vi) Data transfer cable
(vii) Internal battery(Additional)
(viii) Battery charger
(ix) Converter with Cable for external battery
(12 /6V automobile)
(x) Data processing S/W
*Of the same Company(OEM)
14
=
=
=
3 Nos.
3 Nos.
2 Nos.
=
=
=
=
=
2 Nos.
2 Nos.
1 No.
1 Nos.
1 No.
=
=
1 No.
1 No.
ANNEXURE ‘E’
GENERAL TERMS AND CONDITIONS OF SUPPLY
1.
QUALIFICATION CRITERIA
(i)
The bidder shall be a manufacturer or agent/dealer/distributor of the
manufacturer who has designed, manufactured, supplied, erected,
commissioned equipment/instrument of similar type and are in
successful operation in other international scientific organizations for
two years on the date of bid opening.
(ii)
The bidder shall furnish details of supplies made in the last 2 years to the
different organizations in India along with the user’s certificate regarding
satisfactory functioning of the equipment/instrument. It should have
sold same or similar instruments for 3 crores for last two years in the
country
(iii) The purchaser may, if required, see the demonstration of the equipment
/ Instrument installed in other scientific organizations located nearby
Chandigarh/Jalandhar to verify whether the bidder meets the accuracy
criteria as indicated in the technical specifications. Bids which do not
meet the criteria will be treated as technically non-responsive.
2.
COUNTRY OF ORIGIN
(i)
All Goods and Services supplied under the Contract shall have their origin
in the member countries and territories eligible under the rules.
(ii)
For purpose of this Clause, “origin” means the place where the Goods are
made, or produced, or from where the services are supplied. Goods are
produced when through manufacturing, processing or substantial and
major assembling of components, a commercially recognized new
product results that is substantially different in basic characteristics or in
purpose or utility from the components.
(iii) The origin of Goods and Services is distinct from the nationality of the
Supplier.
3.
FORMAT AND SIGNING OF BID
(i) The bid shall be typed or written in English language only, in indelible ink
and shall be signed by the bidder or a person or persons duly authorized
to bind the bidder to the Contract. The letter of authorization shall be
indicated by written power-of-attorney accompanying the bid. All pages
of the bid, except for un-amended printed literature, shall be initialed by
the person or persons signing the bid.
15
(ii)
4.
The bid shall contain no interlineations, erasures or overwriting except as
necessary to correct errors made by the bidder, in which case such
corrections shall initialed by the person or persons signing the bid.
ADDITIONAL QUESTIONAIRE FOR TENDER ENQUIRIES
(a)
Please state that you have submitted your quotation in two parts as
indicated below:Part-I
Technical bid consisting of technical details, bringing out
clearly in a separate sheet, deviations, if any, in specifications from those
indicated in Annexure ’D’ of the Tender Document.
Part-II Price bid showing item wise price in a separate sealed cover inside the
main cover.
(a)
Please confirm that you will forward in advance two copies of each of
installation, operation and maintenance instructions and diagrams in
English, in case contract is awarded and order placed with you.
(b) Please indicate, in a separate sheet, duly signed by you, full information
in respect of the output that you obtained from the machine you have
offered; and also that you guarantee for the performance of the machine
under the normal conditions and also that you will demonstrate
guaranteed output after installation of the machine.
(c)
Please attach lists duly signed by you, for such spare parts and tools as
are absolutely essential for proper maintenance and operation of
machine for a period of ten years (in the case of Electronic and Optical
Spare Parts) and 5 years (in the case of Electronic and Mechanical Spare
Parts) giving full particulars of the spare parts and tools with the price of
each spare part and tool separately.
(d) Please confirm that you have adequate servicing and spare parts
facilities in India in respect of the equipment/instrument tendered for
by you or that you will arrange to provide such facilities simultaneously
with the supply of the equipment/instrument.
(e)
Please confirm that necessary maintenance of equipment/instrument
and spare parts will be made available for life of the machine on a
continuous basis at a price not in excess of the net FOB/FAS price after
allowing maximum discount and without taking into account any
commission payable to the Indian Agents, if any, of the seller. If any such
commission is payable, the same shall be indicated and it shall be
payable only in Indian Currency.
16
(h) Please confirm that if you go out of production of spare parts, then you
will give adequate advance notice to the purchaser so that the latter may
order his requirements of spares in one lot, if he so desires.
(i)
Please confirm that if you go out of production of spare parts, then you
will make available blue prints, drawings of the spare parts and
specifications of materials at no cost to the purchaser, if and when
required, in connection with the equipment/instrument, to enable the
purchaser to fabricate or procure spare parts from other sources.
17
5.
ADDITIONAL QUESTIONNAIRE FOR IMPORTED STORES
Please indicate the following particulars in case the instrument is
manufactured in foreign and supplied by Indian agent/distributer:(a)
The
precise
relationship
between
the
foreign
Manufacturer/Principals and their Indian Agents/Associates.
(b)
The mutual interest which the Manufacturer/Principals and the
Indian Agents/Associates have in the business of each other.
(c)
Any payment which the Agents/Associates receives in India or
abroad from Manufacturers/Principals whether as a commission for
the contract or as a general retainer fee.
(d)
Indian Agent’s Permanent Income Tax Account Number.
(e)
Please furnish the following certificates on separate sheets,
duly signed by you.
Certify that prices quoted are inclusive of all commission taxes etc.
6.
COMPLETENESS/CORRECTNESS OF THE STORES
The contractor/supplier shall be responsible for the correct supply of the
stores being ordered and shall replace the same free of cost if found not
conforming to the required specifications or incomplete in any performance.
The spares shall be guaranteed for interchangeability and performances. The
changed parts if any, will be guaranteed for correctness and interchangeability.
7.
DECREASE IN THE QUANTITY TO BE SUPPLIED
Normally no item or quantity will be cancelled or reduced within the delivery
period. But the Indenter/Purchaser reserves the right to cancel any item or
reduce any quantity from the purchase order if the stores are not supplied
within the original delivery period.
8.
FORCE MAJEURE
“Force Majeure” means an event beyond the control of the Supplier and not
involving the supplier’s fault or negligence and not limited to, acts of the
Purchaser either in its sovereign or contractual capacity, wars or revolutions,
fires, floods, epidemics, quarantine restrictions and freight embargoes.
If a Force Majeure situation arises, the Supplier shall promptly notify the
Purchaser in writing of such conditions and the cause thereof. Unless
otherwise directed by the Purchaser in writing, the Supplier shall continue to
18
perform its obligations under the Contract as far as is reasonably practical, and
shall seek all reasonable alternative means for performance not prevented by
the Force Majeure event.
9.
TERMINATION FOR INVOLVENCY
The Purchaser may at any time terminate the Contract by giving written
notice to the Supplier, without compensation to the Supplier, if the Supplier
becomes bankrupt or otherwise insolvent, provided that such termination will
not prejudice or effect any right of action or remedy which has accrued or will
accrue thereafter to the Purchaser.
10.
APPLICABLE LAW
The Contract shall be interpreted in accordance with the laws of the Union of
India.
19
APPENDIX –(i)
WARRANTY CERTIFICATE
We warrant that everything to be supplied by us hereunder shall be brand
new, free from all defects and faults in material, workmanship and manufacture and
shall be of the highest grade & quality and consistent with the established and
generally accepted standards for material of the type ordered, shall be in full
conformity with the specifications/drawings of samples if any and shall operate
properly. We shall be fully responsible for its efficient operation.
In case of any latent defect or inconsistency due to poor
manufacturing/repair & overhaul of the equipment/instrument, or defective supply
not conforming to the specifications if observed at the time of final inspection and
thereafter within 12 months from the date of acceptance, we undertake the
guarantee to repair/supply free of cost the defective items up to the final
destination and the inland expenses borne by the indenter, will be at our cost.
The warranty shall survive inspection and payment for and acceptance of the
goods but shall expire (except in respect of complaints of which the contractor has
been notified prior to such date) twelve months after their successful acceptance by
the purchaser.
SEAL of manufacturer/supplier Enterprises
Date…………………
Signature ………………………………..
Name & address of manufacturer / supplier
20
APPENDIX-(ii)
AGREEMENT
An agreement made this …….. day of ……………………………………….
BETWEEN……………………………………………………………………………
………………………………………………… (hereinafter called the contractor which expression
shall include his legal representatives) of the one part and the Governor of Punjab
(hereinafter called the Government) of the other part and WHEREBY the contractor
agrees to supply to the …………………….. Punjab Land Record Society(hereinafter called
PLRS) the under mentioned articles at cost mentioned against them :Name of Articles
Rate
Total Cost
and on the terms and conditions hereinafter mentioned:a) That all stores shall be delivered free at …………………………… by ………….
b) that all stores supplied shall be new and of good quality and in exact
accordance with the sample submitted.
c) that the inspection of the stores shall be carried out by the ……………… himself
or by a Gazetted Officer deputed by him at the place mentioned in Para (a)
above and that the stores rejected must be removed by the contractor within
a week from the date of rejection. All stores not accepted shall lie at the risk
of the contractor. If not removed within the period specified above the
………….. shall have the right to dispose of such stores as he thinks fit at the
risk of the contractor and on his account or if he prefers to charge him rent
for the space occupied by same.
d) that the time of delivery stated above shall be of the essence of the contract
and should the contractor fail to deliver the whole/any part of the stores
within the period specified in clause (a) and as per the sample the …………..
shall have the right to forfeit the deposit mentioned in clause (f) and to
purchase the stores elsewhere which the contractor has failed to deliver as
aforesaid at the expenses of the contractor and the contractor will be liable
to pay such further sum as will be sufficient to meet the difference of cost
between the rates tendered and those at which the purchases are actually
made should they be higher. This is without prejudice to action being taken
under clause h) thereof.
e) that the …………………. shall have full power to reject the whole or any part of
the stores which to the true intent and meaning is not in exact accordance
with the approved sample and that his decision shall be final.
f) that the contractor will deposit a sum of Rs. ……………. as security for
compliance with the terms and condition of this contract.
21
g) that the contractor will be entirely responsible for the execution of this
contract in all respect in accordance with the conditions of this contract and
shall not assign or sub-let the same.
h) If the contractor becomes insolvent or he or his Agent offers any bribe in
connection with the contract or the contractor fails to observe or perform
any condition of this contract, then notwithstanding any previous waiver of
such default or action being taken under any other clause hereof the …………,
may on behalf of the Government terminate the contract and forfeit the said
deposit and recover from the contractor any loss suffered by the
Government on account of the contract being terminated.
i) If any dispute or difference shall arise including this contract the settlement
of which is not hereinbefore provided for the same shall be referred to the
arbitration of the Financial Commissioner Revenue of Punjab State and if he
is unable or unwilling to act as arbitrator to the arbitration, of any person
nominated by him in writing and the decision of such arbitrator shall be final
and binding on the parties to this contract.
In Witness whereof the parties have hereunto set their hands the day and
year first above written.
Signed by the said contractor ………………………………………………
In the presence of:1st Witness
Address
2nd Witness
Address
Signed by the said for and on behalf of the
Governor of Punjab
In the Presence of:1st Witness
Address
2nd Witness
Address
22
APPENDIX – (iii)
BANK GUARANTEE BOND
In consideration of the Governor of Punjab (hereinafter called “the
Government”) having agreed to exempt ____________________ (hereinafter called
“the said Contractor(s)” from the demand, under the terms and conditions of an
Agreement
dated
____________________
made
between
_______________________ and __________________ for supply of Total Stations
equipment (hereinafter called “the said Agreement”). of security deposit for the due
fulfillment by the said contractors) of the terms and conditions contained in the said
Agreement, on production of a Bank Guarantee for Rs. _______________ (Rupees
_____________ only).
We, (indicate the name of the bank)
__________________________ (hereinafter referred to as “the Bank”) at the
request of _________________ Contractor(s) do hereby undertake to pay to the
Government an amount not exceeding Rs. _________________ against any loss or
damage caused to or suffered or would be caused to or suffered by the Government
by reason of any breach by the said contractors) of any of the terms or conditions
contained in the said Agreement.
2.
We (indicate the name of the Bank) _______________ do hereby undertake
to pay the amount due and payable under this Guarantee without any demur,
merely on a demand from the Government stating that the amount claimed is due
by way of loss or damage caused to or would be caused to or suffered by the
Government by reason of breach by the said Contractor’s) failure to perform the
said Agreement. Any such demand made on the Bank shall be conclusive as regards
the amount due and payable by the Bank under this Guarantee. However, our
liability, under this Guarantee shall be restricted to an amount not exceeding Rs.
_______________.
3.
We undertake to pay to the Government any money so demanded
notwithstanding any dispute or disputes raised by the contractor(s) supplier(s) in
any suit or proceeding pending before any court or Tribunal relating thereto: our
liability under this Guarantee being absolute and unequivocal.
The payment so made by us under this Guarantee shall be a valid discharge
of our liability for payment there under and the contractors) shall have no claim
against us for making such payment.
4.
We, (indicate the name of the Bank) __________________ further, agree
that the Guarantee herein contained shall remain in full force and effect during the
period that would be taken for the performance of the said Agreement and that it
shall continue to be enforceable till all the dues of the Government under or by
virtue of the said Agreement have been fully paid and its claims satisfied or
23
discharged or till _____________________ office/ Department / Ministry of
_______________ certifies that the terms and conditions of the said Agreement
have been fully and properly carried out by the said contractor(s) and accordingly
discharge this Guarantee. Unless a demand or claim under this Guarantee is made
on us in writing on or before the ________________ we shall be discharged from all
liability under this Guarantee thereafter.
5.
We, (indicate the name of the Bank) ____________________________
further agree with the Government that the Government shall have the fullest
liberty without our consent and without affecting in any manner our obligations
hereunder to vary any of the terms and conditions of the said Agreement or to
extend time of performance by the said contractor(s) from time to time or to
postpone for anytime or from time to time any of the powers exercisable by the
Government against the said contractors) and to forbear or enforce any of the
terms and conditions relating to the said agreement and we shall not be relieved
from our liability by reason of any such variation, or extension being granted to the
said Contractor or for any forbearance, act or commission on the part of the
Government or any indulgency by the Government to the said contractor(s) or by
any such matter or thing whatsoever which under the law relating to sureties
would, but for this provision, have effect of so relieving us.
6.
This Guarantee will not be discharged due to the change in the constitution
of the Bank or the Contractor(s) / Supplier(s).
7.
We, (indicate the name of the Bank) __________________________ lastly
undertake not to revoke this guarantee during its currency except with the previous
consent of the Government in writing:
Dated the
day of
for
24
(indicate the name of the Bank)
25